Joint motion to vacate...should I get an attorney? (kinda long)
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Posted by LD
(162.130.1.69) on February 24, 2003 at 15:06:13:
I want to take care of an unpaid judgement once and for all. Here's the history. Was served by a process server at my physical home address in 08/00 - not the PO Box listed on the Writ of Summons. Before the court date, I sent the OC a letter asking to make 4 payments to avoid litigation. I enclosed the first payment of $250.00, which they quickly cashed. Stupid me, if I knew then, what I know now, I would have had them put in writing that they'd call off the sharks, but because they cashed the check, I assumed they agreed to the arrangement. Well, the court date came and went and before I knew it, I was walloped with a judgement for the original $1086.00 + $50.00 in court fees. Because I was PO'd about this I blew off the rest of the payments. Well, I've disputed this a couple of times with both of the CRAs that its listed with as "not mine" and it keeps coming back "verified". Last week, I went to the courthouse and viewed the records, this is what I have found: 1) Address on actual judgement is my physical street address, but its spelled wrong (only by 1 letter). 2) Address on Writ of Summons is PO Box (my mailing address for all of my bills) to be served by process server. (How does one serve papers to a PO box by a process server???) 4) The amount the OC was awarded was $1086 - which is NOT accurate because it didn't reflect the payment that I had made to the OC prior to going to court. (I have a copy of the cancelled check indicating the OC cashed the check prior to court date). 6) The judgement has never been enforced. The lady at the court house gave me the Motion to vacate form, but I want to know if I have a strong enough argument to warrant the request. I am more than willing to pay the amount owed, BUT I want the judgement vacated. Not sure if the OC's attorney will take me seriously if I ask them to do this, but they might if I have an attorney propose it. Tboughts?
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